Chapter 446 — Chapter 446
178 sections in this chapter.
ORS 446.641 Sale of manufactured structure having ownership document or that is exempt structure. (1) If a person sells an ownership interest in a manufactured structure for which there is an ownership document issued under ORS 446.611 or a structure described in ORS 446.621 (1) to (6), the seller shall give notice of the sale to the county assessor for the county in which the structure is sited
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(2) The seller’s notice must be on a form approved by the Department of Consumer and Business Services. Information required by the form must include, but need not be limited to: (a) The identities of the seller and the purchaser; (b) Any change in the security interest in the st…
ORS 446.646 Department of Consumer and Business Services rules; fees; county as agent of department. (1) The Department of Consumer and Business Services may adopt rules necessary for carrying out the duties, functions and powers of the department under ORS 446.566 to 446.646
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(2) Except as provided in subsection (4) of this section, the department shall adopt appropriate fees to cover the cost of services rendered under ORS 446.566 to 446.646 by the department and by a county as agent for the department. The department may not vary the fee for issuanc…
ORS 446.650 [1959 c.314 §18; repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 446.655 [1971 c.588 §8; repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 446.660 [1959 c.314 §19; repealed by 1973 c.833 §48]
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MANUFACTURED STRUCTURE DEALERS AND DEALERSHIPS
ORS 446.661 Definitions for ORS 446.661 to 446.756. As used in ORS 446.661 to 446.756
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(1) “Dealer” has the meaning given that term in ORS 446.003. (2) “Insured institution” has the meaning given that term in ORS 706.008. (3) “Manufactured dwelling” has the meaning given that term in ORS 446.003. (4) “Manufactured structure” means: (a) A manufactured structure, as …
ORS 446.666 Regulation of dealers, dealerships and salespersons; inspection of records; rules. The Department of Consumer and Business Services
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(1) Shall adopt reasonable rules for regulating manufactured structure dealers and dealerships and maintaining accurate records of manufactured structure ownership and location. The rules may include, but need not be limited to, rules governing the issuance, renewal, suspension, …
ORS 446.671 Acting as manufactured structure dealer without license; penalty. (1) Except as provided in ORS 446.676, a person commits the crime of acting as a manufactured structure dealer without a license if the person does not have a valid, current manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary or limited manufactured structure dealer license issued under ORS 446.701 or 446.706 and the person
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(a) Sells, brokers, trades or exchanges a manufactured structure, or offers to sell, trade or exchange a manufactured structure, either outright or by means of any conditional sale, consignment or otherwise; (b) Displays a new or used manufactured structure for sale; or (c) Acts …
ORS 446.676 Exceptions to prohibition against unlicensed dealer activity. ORS 446.671 does not apply to the following manufactured structures or persons
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(1) A unit of government or a public or private utility. (2) The owner of a manufactured structure, as shown by a document evidencing ownership issued by any jurisdiction if the person owned the manufactured structure for personal, family or household purposes. If the person sell…
ORS 446.681 Enjoining unlicensed dealers. The Department of Consumer and Business Services may petition a circuit court for an injunction or other relief against a person dealing in manufactured structures in violation of ORS 446.671. If the court grants the petition, the court shall award reasonable costs and disbursements and attorney and enforcement fees. [2003 c.655 §42]
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Note: See note under 446.661.
ORS 446.686 Notice of proceeding against alleged unlicensed dealer. (1) If the Department of Consumer and Business Services proceeds under ORS 446.681 or 455.895, the department may post a notice on any manufactured structure held in inventory by a person alleged to be acting as a manufactured structure dealer without a license. The notice must state that the person offering the manufactured structure for sale is currently the subject of a proceeding to determine whether the person has a manufactured structure dealer license and that it may be unlawful for the person to sell the manufactured structure to a retail customer
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(2) A person may remove a notice posted in accordance with subsection (1) of this section only upon authorization by the department. The department shall authorize removal within 10 days after any one of the following occurs: (a) The dismissal or termination of the proceeding ins…
ORS 446.691 Issuance of dealer license. The Director of the Department of Consumer and Business Services shall issue a manufactured structure dealer license to an applicant if the applicant
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(1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726; (2) Provides evidence acceptable to the director that the applicant obtained a corporate surety bond as provided in ORS 86A.227 if the applicant employs or intends to employ a m…
ORS 446.696 Renewal of dealer license. A manufactured structure dealer license is valid for three years, but the Director of the Department of Consumer and Business Services may adjust the term of an initial license for the purpose of establishing uniform expiration dates. A dealer may renew a license as provided by the director. The director may renew a license only if the dealer
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(1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726. (2) Provides evidence acceptable to the director that the dealer obtained a corporate surety bond as provided in ORS 86A.227 if the dealer employs or intends to employ a mortgag…
ORS 446.701 Issuance of temporary manufactured structure dealer license. (1) If a licensed manufactured structure dealer dies or becomes incapacitated, the Department of Consumer and Business Services may issue a temporary manufactured structure dealer license to the executor, administrator or personal representative of the estate of the dealer or to an agent of the dealer approved by the department. A temporary license issued under this subsection expires after six months, but the department may extend the license for good cause. The department may not extend a temporary license if the license has been suspended or the licensee placed on probation by the department
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(2) A person issued a temporary manufactured structure dealer license must deliver to the department a bond or letter of credit that meets the requirements under ORS 446.726. A bond or letter of credit covering a license term of less than one year must be for the sum otherwise re…
ORS 446.706 Limited manufactured structure dealer; licensing. (1) A person who holds a limited manufactured structure dealer license issued under this section may sell during a calendar year up to 10 manufactured dwellings located at a manufactured dwelling park identified in the license. The manufactured dwellings sold under a limited manufactured structure dealer license must be dwellings that
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(a) Have been abandoned as described in ORS 90.675 at any manufactured dwelling park. If the manufactured dwelling is not subject to sale by the limited manufactured structure dealer under ORS 90.675 (10), the dealer must have the certificate of title or registration for the dwel…
ORS 446.711 Dealer education and testing; rules. (1) In addition to any other requirement for issuance or renewal of a manufactured structure dealer license, the Department of Consumer and Business Services, by rule, may adopt education and testing requirements as a condition for issuance or renewal of a license described in ORS 446.691
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(2) A person may satisfy a requirement adopted under subsection (1) of this section by taking an appropriate educational program or test offered by an accredited educational institution, private school, correspondence school or nonprofit organization and approved by the departmen…
ORS 446.716 Additional places of business; supplemental licenses. (1) A licensed manufactured structure dealer may open additional places of business under the same business name by obtaining a supplemental license from the Department of Consumer and Business Services. If the dealer will operate the additional place of business under a different business name than that indicated on an existing dealer license, the dealer must apply for a dealer license for the additional place of business instead of for a supplemental license
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(2) A manufactured structure dealer may move a place of business or change a business name by obtaining a corrected dealer license from the department. The department shall prescribe the form for application for a corrected license. For purposes of this subsection, “place of busi…
ORS 446.721 License fees; use of moneys. (1) The fee for issuance or renewal of a manufactured structure dealer license under ORS 446.691 is $542
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(2) The fee for issuance or renewal of a supplemental license under ORS 446.716 is $90 for each additional place of business. (3) The fee for issuance or renewal of a corrected dealer license under ORS 446.716 or corrected limited manufactured structure dealer license under ORS 4…
ORS 446.726 Bond or letter of credit requirements; action against dealer and surety or issuer. (1) A bond or letter of credit required to qualify for issuance or renewal of a manufactured structure dealer license under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701 must comply with the following requirements
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(a) The bond must have a corporate surety licensed to do business within this state. A letter of credit must be an irrevocable letter of credit issued by an insured institution. (b) The bond or letter of credit must: (A) Be executed to the State of Oregon; (B) Be in the sum of $4…
ORS 446.731 Status of licensed dealer. A person who has a current, valid manufactured structure dealer license issued under ORS 446.691 or 446.696 or a temporary manufactured structure dealer license under ORS 446.701
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(1) Is considered the owner of manufactured structures manufactured or dealt in by the dealer before sale and delivery of the manufactured structures, and the owner of all manufactured structures in the dealer’s possession. (2) Is not subject to the recreational vehicle dealer re…
ORS 446.736 Transfer of interest by dealer; application information; notice of delay; penalty. (1) Except as provided in subsection (7) of this section, a manufactured structure dealer who transfers an interest in a manufactured structure shall
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(a) Submit to the Department of Consumer and Business Services an application for an ownership document on behalf of the purchaser; or (b) If the purchase is being financed, submit sufficient information to a lender to allow the lender to make an application to the department for…
ORS 446.741 Suspension, revocation or cancellation of license; dealer probation; employment disqualification. (1) The Director of the Department of Consumer and Business Services may revoke or suspend a manufactured structure dealer license, or place a dealer on probation, if the dealer does any of the following
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(a) Commits an act that is grounds for suspension, revocation or probation under rules the director adopted. (b) Fails to comply with the requirements for notices or reports of the transfer of interest in manufactured structures. (c) Moves a manufactured structure or causes a man…
ORS 446.746 Manufactured structure dealer criminal offenses; penalties. (1) A manufactured structure dealer improperly operates a manufactured structure dealership and is subject to the penalties under this section if the dealer commits any of the following crimes
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(a) A manufactured structure dealer commits the crime of failure to obtain a supplemental license if the dealer has a manufactured structure dealer license and opens any additional place of business using the same business name without first obtaining a supplemental license under…
ORS 446.748 Cease and desist orders; investigative authority of director. (1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has engaged, is engaging or is about to engage in a violation of ORS 446.661 to 446.756 or a rule adopted under ORS 446.661 to 446.756, the director may issue an order directed to the person to cease and desist from the violation or threatened violation
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(2) The director may require a manufactured structure dealer, or a person associated with the manufactured structure dealer, to produce for the director’s examination and use books, accounts, records, files, documents or other information or evidence as the director deems necessa…
ORS 446.751 Engaging in illegal consignment practices; penalty. (1) A manufactured structure dealer commits the crime of engaging in illegal consignment practices if the dealer does any of the following
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(a) Takes a manufactured structure on consignment from a person who is not a licensed dealer and does not have proof that the consignor is the owner of, or a security interest holder in, the structure. (b) Takes a manufactured structure on consignment from a security interest hol…
ORS 446.756 Violation of consigned manufactured structure transfer; penalty. (1) A person commits the crime of violation of a consigned manufactured structure transfer if the person consigns a manufactured structure to a manufactured structure dealer and the person fails or refuses to deliver the ownership document for the structure to the dealer or purchaser upon sale of the structure under consignment
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(2) Violation of a consigned manufactured structure transfer is a Class A misdemeanor. [2003 c.655 §41] Note: See note under 446.661. PENALTIES
ORS 446.990 Penalties. (1) Any individual, or any director, officer, or agent of a corporation who knowingly and willfully violates ORS 446.003 to 446.200, 446.225 to 446.285 or 446.310 to 446.350 in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor
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(2) Violation of ORS 446.345 is punishable upon conviction as a Class B misdemeanor. [Amended by 1953 c.490 §21; 1953 c.490 §18; 1959 c.562 §15; 1959 c.683 §33; 1959 c.314 §20; 1967 c.598 §3; 1969 c.533 §10; 1973 c.560 §21; 1973 c.833 §39; 1974 c.36 §13; 1975 c.546 §15; 1983 c.70…
ORS 446.995 Civil penalties for violation of ORS 446.661 to 446.756 or related rules. (1) The Department of Consumer and Business Services may impose a civil penalty as provided in ORS 455.895 for each violation, against a licensed manufactured structure dealer or against a person required by a rule adopted pursuant to ORS 446.666 to be licensed, if the dealer or person violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures. If the dealer authorizes a person licensed pursuant to ORS 446.666 to commit a violation, the dealer and person are both subject to civil penalty. Notwithstanding subsection (2) of this section, if a dealer expressly or by implication authorizes an act by a real estate agent described in ORS 446.676 (14) that is a violation, the dealer is subject to the civil penalty for the violation
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(2) The department may impose a civil penalty, in an amount not to exceed $5,000 for each manufactured structure improperly sold, brokered or exchanged, or offered or displayed for sale, against a person that: (a) Violates a provision of ORS 446.661 to 446.756 or a rule adopted b…